Emergency Response and Training Solutions — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 DEC 2 1 2016 Mr. Ed Ballash, CHMP Vice President of Operations Emergency Response and Training Solutions 6001 Cochran Road, Suite 300 Solon, OH 44139 Reference No. 16-0153 Dear Mr. Ballash: This letter is in response to your September 20, 2016, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to incident reporting and road closures. You describe a scenario in which a hazmat incident caused an interstate highway's on-ramp to close while the main lanes remained open. Specifically, you ask if this closed ramp meets the definition of a "road closure" subject to the hazmat reporting requirements in§ 171.15. The answer is yes. The Interstate System consists of several components that include access ramps and interchange areas. See 23 U.S.C. § 103(c). The HMR do not define "road closure." However, it is the opinion of this Office that the ramps and interchange areas that provide access to the Interstate System are components of a "major transportation artery or facility" as this phrase is used under§ 171.15(b)(l)(iv). Therefore, a hazmat incident that closes or shuts down an Interstate System ramp or interchange area for one hour or more is a reportable incident subject to the incident reporting requirements prescribed in § 171.15. Section 171.15(a) requires the person in physical possession of a hazardous material at the time an incident occurs in transportation-such as a release of materials, serious accident, evacuation, or closure of a main artery-to report the incident to the National Response Center as soon as practical but no later than 12 hours after the occurrence. This person must also complete a Hazardous Materials Incident Report, DOT Form F 5800.1, within 30 days of discovery of the incident and submit the report to the Pipeline and Hazardous Materials Safety Administration Information Systems Manager in conformance with § 17 l .16(b ). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Goodall, Shante CTR (PHMSA) From: Twitty, Gail (PHMSA) Sent: To: Tuesday, September 20, 2016 2:32 PM Hazmat Interps Subject: FW: Assistance From: Ed Ballash [mailto:eballash@ertsonline.com] Sent: Tuesday, September 20, 2016 2:06 PM To: Twitty, Gail (PHMSA) Subject: Assistance Gail, We had a client that was involved in an incident and was curious as to if this met the definition of a road closure. The on ramp to the south bound lanes to get onto the interstate were closed and traffic was diverted. The interstate was not closed at all. Would this constitute a lane closure and require NRC notification and be indicated on the DOT5800? Just let me know. Regards, Ed Ballash, CHMP Vice President of Operations Office: 440-349-2700 ext 312 Cell: 216-287-3685 Efax: 440-249-7382 email: eballash@ertson line.com Emergency Response and Training Solutions 6001 Cochran Rd. Suite 300 Solon, Ohio 44139 Please visit our new website www.ertsonline.com NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 , is confidential and may contain attorney-client materials and/or attorney work product, legally privileged and protected from disclosure. This e-mail is intended only for the addressee named above. If you are not the intended recipient, you are hereby notified that any retention , dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it and any and all copies of it. Thank you. 1#